Changing the Narrative

Kenyan Human Rights group challenges Kenya’s anti-gay laws in court

The National Gay and Lesbian Human Rights Commission in Kenya is currently in the country’s high court challenging the country’s anti-gay law.

According to The Washington Post, the commission argues that sections of the code are in breach of the constitution and deny basic rights by criminalizing consensual same-sex relations between adults.

“They are also used to justify violence against lesbian, gay, bisexual and transgender people in the East African nation,” the commission’s executive director, Eric Gitari, said in a statement.

It was not immediately clear when a ruling is expected but we will give updates as the story unfolds.

The hearing began on Thursday.

#Repeal162 This case is NOT about legalizing same sex marriages. All the petitioners want is for ALL Kenyans to enjoy their basic human rights -such as right to privacy and health- without being discriminated against on the basis of their sexual orientation

In 2016, the National Gay and Lesbian Human Rights Commission (NGLHRC), the Gay and Lesbian Coalition of Kenya (GALCK), and the Nyanza, Rift Valley and Western Kenya Network (NYARWEK) together with partners filed petitions 150 & 234 of 2016 respectively, at the high court.

These petitions challenge the constitutionality of sections 162 a), c) and 165 of the Penal Code of Kenya. The Petitions ask the court to declare these sections of the law unconstitutional and in violation of rights guaranteed to all Kenyans in Chapter Four of the 2010 Constitution of Kenya. These rights include: “the right to privacy, dignity, health, equality and non-discrimination and freedom and security of the person as enshrined in the Constitution.